Hudson v. Morriss
Texas Supreme Court
Error from Burleson. Tried below before the Hon. E. P. Wood. November 12, 1859, W. S. Holmes sold to B. B. Baker two thousand three hundred and fifty-six acres of land out of the A. Colvin league survey in Burleson county, taking notes amounting to $1,500, secured by vendor’s lien on the land sold. In 1867 he placed the notes in the hands of Morriss (defendant in error), an attorney, for collection.
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Error from Burleson. Tried below before the Hon. E. P. Wood. November 12, 1859, W. S. Holmes sold to B. B. Baker two thousand three hundred and fifty-six acres of land out of the A. Colvin league survey in Burleson county, taking notes amounting to $1,500, secured by vendor’s lien on the land sold. In 1867 he placed the notes in the hands of Morriss (defendant in error), an attorney, for collection. Suit was instituted in the name of Holmes, but before judgment he transferred the notes to his children, W. A. Holmes, James Holmes, Mary A. Collins and Emily Holmes (the last named being a minor,…
1Opinion of the Court
Walker, P. J. Com. App.
The judgment appealed from in effect declares a trust in favor of the plaintiff and the intervenor in the land conveyed by sheriff’s sale deed to the defendant Hudson, and enforces the trust by a judgment in their favor for the recovery of the land,— three-fourths of it to belong to the plaintiff, and the remaining one-fourth to Emma Conner, the intervenor. The basis, in the pleadings of the plaintiff, on which the existence of such a trust is predicated, consists of allegations which charge two grounds for the creation of such a trust; the first, that the plaintiff…
2Cases cited9 opinions
- Mims v. MitchellTexas Supreme Court · 1846
- McClane v. RogersTexas Supreme Court · 1874
- Bailey v. MillsTexas Supreme Court · 1864
- Blow v. Heirs of De La GarzaTexas Supreme Court · 1874
- Grayson v. WinnieTexas Supreme Court · 1855
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3Cited by16 opinions
- Seiter v. SmithTexas Supreme Court · 1912
- Harrison v. SharpeCourt of Appeals of Texas · 1919
- De Zavala v. ScanlanTexas Commission of Appeals · 1933
- Smith v. PerkinsTexas Supreme Court · 1891
- Patterson & Wallace v. FrazerTexas Supreme Court · 1906
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